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JOHNSON v. TURNER

No. 11728.

473 P.2d 901 (1970)

24 Utah 2d 439

Max M. JOHNSON, Plaintiff and Appellant, v. John W. TURNER, Warden, Utah State Prison, Defendant and Respondent.

Supreme Court of Utah.

August 26, 1970.

Attorney(s) appearing for the Case

David S. Dolowitz, Salt Lake County Legal Services, Salt Lake City, for plaintiff and appellant.

Vernon B. Romney, Atty. Gen., R. Bruce Bybee, Lauren N. Beasley, Asst. Attys. Gen., Salt Lake City, for defendant and respondent.

CROCKETT, Chief Justice.

This is an appeal from an order by Judge Allen B. Sorensen of the Fourth District Court dismissing a petition of Max M. Johnson for a writ of habeas corpus which attacks his conviction for grand larceny of two guitars from the Metro Music Center in American Fork, Utah. The order stated two bases for denying the writ: (1) that the matters raised therein were issues which should have been raised on appeal, and (2) that the application was repetitive...

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